Acquires/receives any goods/services with full knowledge that it is in violation of GST rules and is liable for confiscation

Destroys any evidence

Does not provide information/gives false information during proceedings

Helps any person to commit fraud under GST

Punishment

The person committing any of the offences above shall be punished as follows-

Tax amount involved

100-200 lakhs

200-500 lakhs

Above 500 lakhs

Bailable or Non-Bailable

Bailable

Bailable

Bailable**

Jail term

Upto 1 year

Upto 3 years

Upto 5 years

**If a person commits the following offences AND the amount involved exceeds 500 lakhs then the offences are non-bailable-

Supplies any goods/services without an invoice in order to evade tax

Issues any invoice without supplying any goods/services- thus taking input credit or refund by fraud

Collects any GST (even if in contravention of provisions) but does not submit it to the government within 3 months.

This is in keeping with the government’s anti-tax evasion stance by bringing in stricter measures.

Punishment for destroying evidence

For destroying evidence, preventing the officer from his duty, falsifying information or helping someone in the same, he is liable for up to 6 months imprisonment with fine.

Repeat offenders

If the offense is repeated a second time then punishment can extend up to 5 years with fine.

A person can not be prosecuted without the prior sanction of the Commissioner.

Compounding of offences under GST

What is compounding of offences?

Compounding of offences is a shortcut method to avoid litigation. In the case of prosecution for an offence in a criminal court, the accused has to appear before the Magistrate at every hearing through an advocate. Court proceedings are time-consuming and expensive. In compounding, the accused is not required to appear personally and can be discharged on payment of compounding fee which cannot be more than the maximum fine leviable under the relevant provisions.

GST Act also allows for compounding of offences.

Non-availability of compounding

Compounding will not be available for-

Anyone who has already committed any of the offences mentioned under prosecution above, i.e., second-time offenders will not be allowed to compound.

A person who had committed an offence before under GST involving supplies above Rs. 1 crore and has been allowed to compound before. Thus, it stands, any person previously enjoying compounding for goods/services over Rs. 1 crore will not enjoy compounding a second time.

Any person who is also being tried under other acts such as Narcotic Drugs Act, FEMA etc.

Any person convicted by a court under GST

Any person giving false information during proceedings, or preventing the officer from his duty or destroying evidence

Compounding will be allowed only after payment of all tax, interest and penalty dues.

Amount payable for compounding

The amount payable for compounding of offences shall be 50% of the tax involved subject to a minimum Rs. 10,000.

Maximum amount for compounding is 150% of the tax
OR
Rs. 30,000
-Whichever is higher.

Abatement of further proceedings

On payment of the compounding amount, no further proceedings shall be initiated against the accused person for the same offence and any criminal proceedings, if already initiated, will be abated.

Apart from prosecution, the offender can also be arrested. Please read our article on arrest under GST.

Thus, we find that GST has severe prosecutions to punish tax evaders and the corrupt thus keeping in mind the government’s anti-tax evasion stance.

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